Terms & Conditions

In General – Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.This Website also contains links to other websites, which are not operated by GOODWIN SMITH (the “Linked Sites”). GOODWIN SMITH has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy – Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions – You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. GOODWIN SMITH will report any such breach to the relevant law enforcement authorities and disclose your identity to them.We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content – The intellectual property rights in all software and content made available to you on or through this Website remains the property of GOODWIN SMITH or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by GOODWIN SMITH and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by GOODWIN SMITH or its licensors. GOODWIN SMITH.comTM are trade marks belonging to GOODWIN SMITH. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of GOODWIN SMITH.

Terms of Sale – By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.In order to contract with GOODWIN SMITH you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. GOODWIN SMITH retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be GOODWIN SMITH or may in some cases be a third party. Where a contract is made with a third party GOODWIN SMITH is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. All sales are not final until received by Goodwin Smith and marked as fulfilled on the website.

Our Contract– When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particular information on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes.

We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order you agree to this.

All Items ordered remain our property until we receive full payment from you.

We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.

If we suspect fraudulent activity, we will look to verify the order with the cardholder. If you have ordered an item on a next day delivery, we will not be able to dispatch the order until we have been in contact with you to confirm the order is legitimate. We apologise for any inconvenience if your order is not dispatched on a next day.

Pricing and Availability – Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

Shipping RatesShipping rates may vary from time to time and at short notice beyond our control. We reserve the right to change rates accordingly in these circumstances. In these instances the customer will be contacted with the revised rates ahead of shipment.Payment – Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.Discount Codes – Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any discount code will be specified at the time of issue.These T&Cs relate to all GOODWIN SMITH promotions, competitions and discount codes (unless otherwise stated).– Only one promotion code can be used per order.– A promotion code can’t be used after an order has been placed.

- Discount codes cannot be used on SALE items.

Free Laces – We may from time to time offer free coloured laces for people to order from the website (these will only be available through www.goodwinsmith.co.uk). The conditions relating to this are:

1 pair of free laces per order, per customer, with a maximum of one pair of laces per customer. Our system will check for duplicates. Any customer who has ordered more than one pair of free laces will have their orders cancelled.

No refunds / returns accepted.

Time to receive laces may be up to 5 – 6 weeks

Once stocks have gone, that’s it.

The free laces products may be removed from the website at any time.

Disclaimer of Liability – The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law GOODWIN SMITH and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect GOODWIN SMITH’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website – You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.You must not establish a link from any website that is not owned by you.This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright – Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with GOODWIN SMITH and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to GOODWIN SMITH.

Indemnity – You agree to indemnify, defend and hold harmless GOODWIN SMITH, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation – GOODWIN SMITH shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity – If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.

Waiver – If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and GOODWIN SMITH. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of GOODWIN SMITH.

Ethical Sourcing Policy

As a reputable and trusted business committed to offering its customers high quality products, GOODWIN SMITH recognizes its obligation to ensure that suppliers are operating ethically.

We expect our suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights.

All suppliers are expected to comply with their national employment laws and regulations with particular regard to:

Minimum age of employment

Freely chosen employment

Health and safety

Freedom of association and the right to collective bargaining

No discrimination

No harsh or inhumane treatment

Working hours

Rates of pay

Terms of employment

GOODWIN SMITH will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.

Because of the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as GOODWIN SMITH continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.

Trade Terms

Definitions

Seller: Redfoot Shoes Limited trading as Goodwin Smith

Buyer: The person(s), partnership or company for whom the Goods are intended for resale or their Agent.

Agent: The person(s), partnership or company nominated by the Buyer to place orders with the Seller on their behalf.

Goods: All footwear and or other products supplied by the Seller as ordered by the Buyer.

The conditions shall apply to all contracts between the Seller and Buyer to the exclusion of all other terms and conditions which the Buyer may seek to apply save such as the Seller shall expressly accept in writing as applying. All orders shall be deemed to be an offer by the Buyer to purchase Goods pursuant to the Conditions. Acceptance in writing or electronic communication (for example email) by the Seller or an Order placed by the Buyer or acceptance by or behalf of the Buyer of Goods on delivery shall be deemed conclusive evidence of acceptance of these Conditions. An Order placed by an Agent on behalf of the Buyer will only be accepted by the Seller and deemed to be fully compliant with these terms and conditions where the Seller has received written authority from Buyer to act on its behalf.

No Orders once accepted by the Seller may be cancelled by the Buyer except with the written consent of the Seller. Goods may only be returned on terms determined at the Seller’s absolute discretion except where the Buyer is otherwise entitled by law so to do and in event at the Buyer’s risk.

Any order placed by the Buyer with the Seller for the Goods whether placed orally or in writing shall be deemed to be made upon the terms of these conditions. The Seller does not except any responsibility in respect of verbal representations and promises given by the Seller’s employees or sales representatives at any time to the Seller unless they are confirmed in writing by a Director of the Seller.

Unless otherwise agreed in writing all prices quoted are exclusive of all taxes including VAT. Carriage and packaging costs shall be extra where applicable.

The Seller reserves the right to vary its prices in proportion to any increase in costs of materials, labour or freight or variations in existing customs duties or rate of currency exchange occurring during the acceptance of the order and shall be deemed not to be included in acceptance of the order and shall be deemed to have been waived by the Buyer.

Unless otherwise agreed in writing the price of the Goods shall be paid without set-off or counterclaim, immediately or not later than the Sellers’ terms.

The Seller reserves the right to charge interest on all amounts unpaid calculated on a daily basis at a rate of 5% per annum above HSBC Bank Plc base lending rate from the date when payment became due until the date when payment is made and interest will accrue after as well as before any judgement. The Buyer will reimburse the Seller for all costs and expenses including legal costs on an indemnity basis incurred in the collection of any overdue amount.

The Seller will to the best of its ability comply with the Buyer’s instructions concerning the dates of delivery of the Goods but it shall not be held responsible for the failure to comply with such instructions and without prejudice to the generality of the foregoing shall not be responsible for delays arising from industrial disputes, fires, breakdown of machinery or shortage of material or labour, or from any other circumstances beyond the Seller’s control.

Goods will be dispatched at the Buyer’s risk. Carriage is payable by the Buyer for the delivery of the Goods. Without any additional cost to the Buyer the Seller reserves the right to effect dispatch from any place than the specified in any contract or agreement.

The Seller shall not be liable in any way for any losses damages or expenses whether direct indirect or consequential suffered by the Buyer due to any delay or failure in delivering the Goods.

The Buyer shall inspect the Goods on receipt and notify the Seller in writing of any shortage, non-delivery or damage within 48 hours of receipt and in default shall not be entitled to make any claim against the Seller in respect thereof.

Subject to Clause 8 if the Buyer establishes to the Seller’s reasonable satisfaction that the Goods are not in accordance with the Contract or are defective by reason of faulty material or workmanship the Seller at its option may either repair or replace the Goods or the defective parts thereof or issue a credit note. These provisions do not apply to any defects due to normal wear or tear.

Subject to Clause 11 the Seller’s liability to the Buyer shall not in any event exceed the Contract price and the Seller shall not be liable for any indirect or consequential loss suffered.

Unless specifically agreed otherwise by the Seller in writing all accounts shall be due for payment net 30 days from the date of the relevant invoice. In any case the Seller reserves the right in accepting the order to demand payment in advance or suitable security in lieu. If payment is not so made or suitable security given the Seller may annul any acceptance of the order contract resulting therefrom, after 30 days prior to written notice has been given to the Seller and claim compensation for the consequences of non-observance of such contract by reason of the non-compliance with the conditions of payment by the Buyer.No counter claim or set off by the Buyer against the Seller may be deducted in settlement.In the case of (a) delay in payment or deterioration in the financial status of the Buyer after the Goods have been dispatched or (b) any bill or cheque not being duly met whether notice or dishonour has been given or not, or all sums due to the Seller in respect of other business transactions with the Seller become due for immediate cash settlement, and are forthwith recoverable.In the event that the accounts, having become due in accordance of this section, are not paid then and in such event the Seller reserves the right and gives notice to the Buyer of such right to charge interest from the due date from all sums due and outstanding at the rate of 2.5% per calendar month, or part of a calendar month on a day to day basis.

Save as expressly provided all warranties and conditions relating to quality fitness for the purpose or compliance with description whether implied by statute or otherwise are hereby excluded to the extent permitted by Law PROVIDED THAT nothing in these Conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller.

Risk and liability in respect of the Goods shall pass to the Buyer on delivery but property and ownership in the Goods shall not pass from the Seller until the Buyer shall have paid the Seller for the Goods and no other sums are then outstanding from the Buyer to the Seller on any account whatever, whether or not such sums have become due for payment.

Reservation of Ownership:Not with standing delivery the property in the Goods shall not pass to the Buyer until the Seller has paid in full the price of the Goods. Furthermore the property in the Goods shall not pass to the Buyer unless and until the full price of any other delivered Goods the subject of any other transaction between the Buyer and the Seller has been paid (together the ‘value’).Until the value has been received by the Seller the Buyer will hold the goods as bailee and fiduciary agent on behalf of the Seller. Subject thereto :-

The Buyer will store the Goods on its premises separately from its own Goods or those of any other person and shall take all necessary measures for the protection of the Goods including insurance for the full replacement value of the Goods but shall be entitled to resell in Goods in the ordinary course of business;

The entire proceeds therefore shall be held in trust for the Seller and not mingled with other monies or paid into an overdrawn bank account and shall be at times identifiable as the Buyer’s money;

The Seller may at any time if payment is overdue in whole or in part, for the purpose of recovery of the Goods, enter upon any premises where the Goods are stored or where they are reasonably thought to be stored and repossess the same. All costs and expenses reasonably incurred by the Seller in connection with such recovery shall be paid by the Buyer. Without prejudice to the foregoing the Seller may recover the Goods and payment shall become due:-

The Buyer does or fails to do anything which would entitle an Administrator or an Administrative Receiver to take possession of any of its assets or which would entitle any person to present a petition to wind up the Buyer; and/or

The Buyer passes any resolution to wind itself up or publishes a notice convening a meeting of its creditors pursuant to section 98 of the Insolvency Act 1986 or any statutory modification therefore.If the Goods the property of the Seller are mixed with the Goods the property of the Buyer or are processed with or incorporated therein the product therefrom shall be deemed to be the sole and exclusive property of the Seller. If the Goods the property of the Seller are mixed with the property of any person other than the Seller or incorporated therein the product therefrom shall be deemed to be owned in common with that other person. The provisions of clause 2(b) shall apply mutatis mutandis to the proceeds of sale of any product referred to in this sub-clause.Each of the preceding clauses and sub-clauses shall be construed and shall take effect separately and in the event of one or more such clauses or sub-clauses being held ineffective this shall not effect the validity of the remaining clauses or sub-clauses.

In the event of the Buyer’s insolvency the Buyer’s failure to pay any amounts due or any breach of these Conditions the Buyer must immediately place any goods in its possession or under its control at the Seller’s disposal and the Seller’s representative shall have without prejudice to any of the Seller’s other rights and remedies the right to enter any premises occupied by the Buyer or at which any Goods are stored and retake possession of such Goods.

Samples: Samples are provided solely for the Buyer’s own use and the Seller reserves all rights in their design particularly in connection with the application for and registration of patents and trade marks.

Intellectual Property Rights: The Seller shall have no liability to the Buyer in the event that the Goods infringe any intellectual property rights of any third party and gives no warranty that the Goods will not infringe as aforesaid but shall undertake at its expense to conduct any litigation arising out of such alleged infringement provided that the Seller is given the earliest possible notice in writing of any such claim being made or action threatened or brought against it and that it makes no admission of liability nor takes any other action in connection therewith.

Any provision hereof which is or may be void or unenforceable shall to the extent of such invalidity or unenforcability be deemed severable and shall not affect any other provision hereof.

These provisions shall not apply to any transaction where the Buyer is a private consumer.

These Conditions and the Contract shall be governed by English Law and any dispute shall be subject to the jurisdiction of the English Courts.

Footwear on receipt of Goodwin Smith shoes you must inspect them for faults. Footwear will only be returnable if it is faulty and that the fault is reported help@goodwinsmith.co.uk within 48 working hours of receipt.

FAULTY RETURNS POLICY

It is up to Buyer to police customer returns and offer refunds to their customers. The Seller will not guarantee refunds, until it has inspected the product at our offices and deemed it to be a manufacturer’s fault. Therefore, in the first instance, returns should be sent back to the Seller for an inspection. The Buyer must include a copy of the customer receipt with the return. The Seller will not accept any returns for whatever reason after 3 months. The Buyer must request an email confirmation by return to ensure their email has been received by the Seller.

The Buyer should advise the Seller on email, help@goodwinsmith.co.uk if they are returning an item with full information.

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